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DCCC127/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 127 OF 2010
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Before:
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Deputy District Judge Woodcock
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Date:
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10 August 2010 at 12.18 pm
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Present:
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Miss Clara Ma, PP, of the Department of Justice, for HKSAR
Mr Kevin Egan, instructed by Edward Ko & Company, for the Defendant
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Offence:
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(1 )& (2) Trafficking in a dangerous drug (販運危險藥物)
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Reasons for Sentence
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1. I convicted the defendant of possession of a total amount of ketamine, being 33.38 grammes of pure ketamine.
2. That is, as I have said, a significant amount of drugs, and despite being a simple possession charge, would in itself attract a substantial custodial sentence.
3. I will not repeat the facts of the case. I gave full details in my verdict.
4. Part of these drugs was found on the defendant’s person outside an MTR station and the other portion found at home.
5. The defendant is only 17 years old.
6. After conviction, I adjourned for certain reports. Correctional Services have found him to be a drug addict and therefore unsuitable for either Detention Centre, Rehabilitation Centre, or Training Centre. There is a place available at the Drug Addiction Treatment Centre.
7. I called for a Young Offender’s Assessment Panel opinion, and their opinion is the defendant is a teenager with loose discipline and close association with bad elements and bad peers.
8. You did not create a great impression in front of this panel. Their view was that you were only trying to bargain for a lenient sentence and you had no insight into your problems.
9. Their view is that Drug Addiction Treatment Centre, the program there, would be the best treatment for you. It would also include a one year statutory supervision period after your release from the Drug Addiction Treatment Centre to monitor your reintegration progress.
10. By default, a probation officer’s report was also obtained. Previously, I had no intention to consider probation, mainly due to the quantity, but in view of your age, I had to consider all options and I should consider all options, because at your age and with your previous clear record, rehabilitation must be of utmost importance in sentence.
11. You must firstly receive help for your drug addiction as well as rehabilitation, and that is where I think this probation order with these very strict terms is suitable.
12. I am leaning towards a probation order because I know that if you breach this probation order, you will be re-sentenced and most likely go to the Drug Addiction Treatment Centre. If not, it will be DCTC or RC.
13. I myself have visited Operation Dawn in Sai Kung and I can imagine living there would be quite tough. With your background, I am not convinced that you will be able to see it through, but I am going to give you the opportunity to try.
14. I stress I am only considering probation because of your age and the fact you have a place at Operation Dawn. I also want to add, Operation Dawn has a high success rate. Those that spend time there often, statistically, many of them do not re-offend, so it can be very successful and I hope it will be successful for you.
15. On top of that, you have your parents who are very supportive.
16. Having considered all those factors relevant for the offence of which you are convicted, I will order you to serve an 18-month probation order with the following conditions.
17. First, you are to be admitted as of today to a 1 year residential drug withdrawal and training program.
18. Secondly, when you go home, you will study, work and reside as directed by your probation officer.
19. Thirdly, when you are at home, there will be a curfew from 9 pm to 6 am.
20. Lastly, I will call for a progress report. It will be in 6 months’ time. It will be on 11 February 2011, 9.30, before me, where it should be in Eastern Magistracy Court 1. However, if I am not there, the file will follow me. If for some reason I cannot deal with it, it will be dealt with by a judge in the District Court.
21. Whether you need to attend that day or not will be decided by the probation officer, because if you are doing well, I do not want you to have to get on a boat, come to court, and get back on a boat and go back to Operation Dawn. It is not necessary. I can read a report. If it is good, probation will continue. Of course, if you are not doing well under this probation order, the probation officer will not wait 6 months. He or she can at any time if any problems arise or any breaches of this order arise bring you before me or any court. If it is established or accepted that you have breached the probation order, it will be discharged. That will not be the end of the matter, you will be re-sentenced, and if you are re-sentenced, you will only be 17 or 18 years old, it will most likely result in a Drug Addiction Treatment Centre order or a DC or a TC order. Do you understand that warning?
DEFENDANT: Understand.
22. Are you willing to comply with all probation conditions?
DEFENDANT: Yes, I am.
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A. J. Woodcock |
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Deputy District Judge |
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